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Federal Court Overturns Arkansas Age Verification Law for Social Media
A recent federal ruling has declared Arkansas’ law mandating social media platforms to verify user ages unconstitutional, marking a critical win for social media companies and digital rights advocates opposed to such regulations.
In 2023, Arkansas followed Utah as the second state to implement an age verification law, known as the Social Media Safety Act. This legislation required social media companies to confirm the ages of users under 18 and obtain parental consent. The law faced legal challenges spearheaded by NetChoice, a trade association representing major tech players, including Meta, Snap, X, Reddit, and YouTube. NetChoice has likewise contested similar laws in Utah, Texas, and California.
In a recent ruling, Judge Timothy Brooks pointed out that the law, referred to as Act 689, was overly broad and amounted to a substantial restriction on speech. “Act 689 is a content-based restriction on speech, and it is not targeted to address the harms the State has identified,” stated Brooks in his decision. He emphasized that the state regulation imposes a blunt instrument on both adults’ and minors’ protected speech, whereas the Constitution calls for more precise measures. The judge also noted the law’s ambiguity, which seemed to create obligations for certain online platforms while exempting others focused primarily on direct messaging, such as Snapchat.
Chris Marchese of NetChoice remarked on the significance of the ruling, stating, “The court confirms what we have been arguing from the start: laws restricting access to protected speech violate the First Amendment. This ruling protects Americans from being required to provide their IDs or biometric data to access constitutionally protected speech online.”
Uncertainty lingers regarding whether Arkansas officials will appeal this ruling. Attorney General Tim Griffin acknowledged the court’s decision while indicating that the state is exploring its options.
Despite NetChoice’s success in this instance, age verification laws appear to remain a significant concern. Utah recently enacted a requirement for app stores to verify user ages, and a Texas law necessitating age verification for adult content websites is currently under review by the Supreme Court.
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